United States v. Garcia-Rodriguez

• Court: Court of Appeals for the Fifth Circuit
• Decided: December 3, 1999
• Docket: 99-50547
• Status: Unpublished

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

_____________________

No. 99-50547 Summary Calendar _____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JUAN GARCIA-RODRIGUEZ,

Defendant-Appellant. _________________________________________________________________

Appeal from the United States District Court for the Western District of Texas USDC No. DR-97-CR-90-ALL _________________________________________________________________

December 3, 1999

Before JOLLY, JONES, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Juan Garcia-Rodriguez appeals from his conviction of illegal

reentry and aiding and abetting illegal entry. Garcia contends

that federal agents violated the Fourth Amendment by crossing the

threshold of the motel room without a warrant; that the magistrate

judge erred by finding that the crossing of the threshold was not

an entry; that no exigent circumstances existed justifying the

entry; and that his consent to enter the room was not voluntary.

The magistrate judge’s finding that the agents did not enter

Garcia’s motel room until after Garcia consented was not clearly

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. erroneous. United States v. Coleman, 969 F.2d 126, 129 (5th Cir.

1992). Furthermore, when Garcia gave his consent, he was not in

custody; the agents used no coercive tactics on him; and he

cooperated with the agents. Thus, there is no error by the

magistrate judge in finding the consent voluntary. United States

v. Gonzalez-Basulto, 898 F.2d 1011, 1012-13 (5th Cir. 1990). The

judgment and conviction are therefore

A F F I R M E D.